BW INSIGHTS

DOL Releases Updated FMLA Forms

Last week, the Wage and Hour Division of the United States Department of Labor finally released its updated Family and Medical Leave Act forms. However, I use the term "updated" here loosely, as there were no meaningful changes to the substance of these forms. Nevertheless, if you use the DOL's model forms (which we typically encourage employers... Read More

Epic Systems v. Lewis: Arbitration Agreements and Employers' New, Protective Shield from Employee Lawsuits

Introduction A recent 5-4 Supreme Court decision marks a major victory for employers interested in a new tool for their arsenal to protect their businesses from potential class action litigation. The Ruling The case, Epic Systems Corp. v. Lewis, largely pitted the Federal Arbitration Act (“FAA”) against the National Labor Relations Act (“NLRA”).... Read More

Immigration and Customs Enforcement (ICE) is Cracking Down on Employers: Expect I-9 Audits This Summer and Beyond

I-9 audits are on the rise. U.S. Immigration and Customs Enforcement (ICE) – the agency charged with enforcing U.S. Immigration laws - reports that between October 1, 2017 and May 4, 2018, the agency initiated approximately 2,282 employer audits (an average of about 321 audits per month). Contrast that with the prior fiscal year figures (1,360... Read More

Are You Ready if a Sexual Harassment Scandal Hits Your Business? - Part III

As outlined in our earlier posts, business leaders are subject to increasing scrutiny in light of the national dialogue happening right now. This movement is not limited to the arena of celebrities and politicians. Does your business know what to do if allegations are lodged against your CEO or other critical managers? Given the spotlight being... Read More

U.S. Department of Labor Announced New Payroll Audit Independent Investigation (PAID) Program

The Wage and Hour Division (WHD) of the federal Department of Labor (DOL) announced a new pilot program aimed to help resolve potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). More information about the Payroll Audit Independent Determination (PAID) program will be available in the coming weeks, but the DOL... Read More